Legal Benefit Fund

Legal Benefit Fund

KERALA LEGAL BENEFIT FUND

Introduction

1. The Kerala Legal Benefit Fund has been constituted under sub-section (2) of section 76 of the Kerala Court Fees and Suits Valuation Act, 1959. The amount available in the fund as on 31st March of every year shall be equally apportioned for the purpose of providing efficient legal service for the people of the State and to provide social security measures for the legal profession.

Constitution and Structure of Kerala Legal Benefit Fund

2. As per section 76(4) of the Kerala Court Fees and Suits Valuation Act, 1959, the Government have issued the Kerala Legal Benefit Fund Rules, 1991. These rules have come into force with effect from 18th December 1998. The amount to be credited to the Fund under section 76 of the Act shall be collected by means of Court Fee Stamps overprinted with the words “Legal Benefit Fund” of different denominations of 50 paise, Re.1/-, Rs.2/- and Rs.100/- and sale proceeds thereof shall be credited to the Head of Account ‘0030 Stamps and Registration’ Stamps judicial 800-99 special stamps on Legal Benefit Fund and the amount so collected in an year shall be transfer credited to the Fund in the ensuing year.

3. The amount intended to provide for social security measures for legal profession, shall be entrusted to the Secretary, Bar Council of Kerala, who is the convenor of the Advocate Welfare Fund for crediting the same to that Fund constituted under the Kerala Advocate’s Welfare Fund Act, 1980 for being utilized in accordance with the provisions of that Act. For the administration of the Fund a Trustee Committee has also been constituted under Rule 4 of the said rules.

4. Government have constituted the Kerala Legal Benefit Fund with effect from 5th April 2002. Vide notification published as S.R.O.No.25/2002 dated 5.4.2002. Section 76(1) of the Act empowers the Government to levy additional court fee in respect of appeals or revisions to tribunals and appellate authorities by notification in the Gazette. Government have decided to levy an additional fee at the rate of 0.5% of the amount involved in the dispute in cases where it is capable of valuation and in other cases at the rate of Rupees fifty in each case. The additional court fees so levied by Tribunals and appellate authorities on appeals or revisions as the case may be shall be credited to the KLBF.

5. Eventhough the Kerala Legal Benefit Fund was constituted as early as on April, 2002 a section in Law Department exclusively for dealing with the matters of KLBF was created only in 2006 as per G.O.(Rt) No. 32/2006 dated 7.1.2006. Till then the files relating to KLBF was attended to by Law (G) Department as additional work. The staff pattern allowed is as follows:-

Additional Secretary - Additional Charge
Deputy Secretary - Additional Charge
Section Officer - 1
Legal Assistants - 2
Typist - 1

6.As per sub-rule (1) of rule 3 of the Kerala Legal Benefit Fund Rules, 1991, the amount to be credited to the Legal Benefit Fund shall be drawn from the Head of Account “2014-800-94-Legal Benefit Fund Contributions” by the Law Secretary, Law Department and deposit in the P.D. Account No. PDID 1039/1 of the Trustee Committee maintained in the District Treasury, Thiruvananthapuram. The amount available in the P.D. Account alone could be utilized for the purpose of providing efficient legal service for the people of the State and to provide social security measures for legal profession. G.O.(P) 116/2002 empowers levy of additional court fee of 0.5% of the amount involved in the dispute in each appeal or revision by Tribunals and appellate authority other than civil and criminal courts and is affected through court fees stamps supplied by Treasuries. As stamps over printed with the words “KLBF” are not made available it is directed to over stamp the court fee stamps with the seal “KLBF” for the purpose of collection under KLBF. 225 seals were supplied to the Director of Treasuries and it is informed by the Treasury Director that 159 seals are already supplied and collections are effected promptly.

8. Kerala Legal Benefit Fund Trustee Committee

In exercise of the powers conferred under rule (4) of the Kerala Legal Benefit Fund Rules, 1991 the Government of Kerala have constituted Kerala Legal Benefit Fund Trustee Committee for the administration of the Fund. The Trustee Committee shall be a body corporate having perpetual succession and a common seal with power to acquire and hold properties and shall, by the said name sue and be sued.

The Trustee Committee shall consists of

the Advocate General of Kerala, who shall be the Ex-Officio Chairman of the Committee;
the Secretary, Bar Council;
two members of the Bar Council nominate by it;
the Secretary, Board of Revenue (L/R)
a nominee of the High Court
the Secretary, Law Department, who shall be the Secretary and Convenor of the Committee.

The members nominated by the Bar Council under clause (c) of sub-rule (3) shall hold office for a term of 4 years or for the duration of their membership in the Bar Council whichever is less. A nominee of the High Court under clause (c) of sub- rule (3) shall hold office for a term 4 years.

9. The Trustee Committee shall administer the Fund. For the administration of the Fund, the Trustee Committee shall, subject to the provisions of these rules-

hold the amounts and assets belonging to the Fund in Trust;
Take decisions regarding incurring of expenditure of any item in furtherance of the objects of the Fund;
scrutinize the accounts for the expenditure incurred from the Fund;
do such other acts as are, or may be, required to be done under these rules.

10. The Secretary of the Trustee Committee shall –

be the Chief Executive Authority of the Trustee Committee and responsible for carrying out its decisions;
represents the Trustee Committee in all suits and proceeding and proceedings for or against the Committee
authenticate by his signature all decisions and instructions of the Trustee Committee;
operate the bank accounts of the Trustee Committee.
convene and attend the meetings of the Trustee Committee and prepare its minutes;
maintain such forms, accounts, registers and other records as may be prescribed from time to time and do all correspondence relating to the Trustee Committee;
inspect and verify periodically the accounts and registers of the Trustee Committee;
prepare an annual statement of business transacted by the Trustee Committee during each financial year and
do such other acts as may be directed by the Trustee Committee.

11. The Trustee Committee shall meet at least once in three calendar months or more often, if found necessary, to transact business under these rules. Ten clear days notice shall be given for a meeting of the Trustee Committee. The quorum is three. The meeting shall ordinarily be held at the Office of the Secretary of the Committee. The meetings of the Trustee Committee shall be presided over by the Chairman and in his absence by a member chosen by the members present at the meeting from among themselves. Any matter coming up before a meeting of the Trustee Committee shall be decided by a majority of the members present and voting at the meeting and in the case of an equality of votes, the Chairman or the member presiding over the meeting shall have a casting vote. The accounts of the Trustee Committee shall be audited annually by the Local Fund Audit Department. Till the period 16 meetings were convened by the Trustee Committee. The last meeting was held on 30.6.2007.

Welfare Measures

12. The amount available in the fund as on the 31st March every year shall be equally apportioned for the purpose of providing efficient legal service for the people of the State and to provide social security measures for the legal profession. The amount intended to provide for social security measures for the legal profession shall be entrusted to the Secretary, Bar Council of Kerala, who is the convenor of the Advocate Welfare Fund for crediting the same to that Fund constituted under the Kerala Advocates Welfare Fund Act, 1980 for being utilized in accordance with the provision of the Act. As per section of the Advocate’s Clerk Welfare Fund Act, 1993, 20% of the amount available in the fund should be transferred to ACWF.

13. As per rule 12, the matters for which expenditure may be incurred for the purpose of providing an efficient legal service for the people of the State may include the following , namely:-

(i).provision for working space for the Advocate’s Clerks.

(ii) resting place and other facilities for the parties and witnesses attending the courts.

(iii).Conducting legal aid camps for people interested in the legal service

(iv).Expenditure for engaging Advocates in special cases

(v).Publications relating to legal issues and important decisions of the Kerala High Court to create legal awareness among people of the State and

(vi)Such other matters as the committee may feel necessary for providing an efficient legal service for the people of the State.

14. Though the Fund is operative with effect from 5.4.2006 its only during 2005 with the distribution of Rs. 15,53,600/- to Kerala Advocate Welfare Fund and Rs. 7,76,800/- to Kerala Advocate Clerks’ Welfare Fund vide Order 2/2005 dated 23.1.2005 and vide Order 1/2005 dated 11.2.2005 from the KLBF to the concerned secretaries for providing social security measures for legal profession and as part of providing efficient legal services for the people of the State. These payments are the first ever release made from the Fund in accordance with the rules. With these release, the purpose for which the Legal Benefit Fund was constituted stands fulfilled and the commitment of the State towards the implementation of a Welfare Scheme found achieved.

15. The Kerala Legal Benefit Fund Trustee Committee in its 14th meeting held on 18.4.2006 has apportioned the amount available in thefund as on 31.3.2006 and resolved to credit Rs. 34,83,500/-(Rupees Thirty four lakhs eighty three thousand and five hundred only ) to the account of the Kerala Advocates’ Clerks Welfare Fund and Rs. 1,74,17,500/- (Rupees One crore seventy four lakhs seventeen thousand and five hundred only) to the account of the Kerala Advocates Welfare Fund.In the 16th meeting held on 30.6.2007 the committee has resolved to apportioned the amount available in the fund as on 31.3.2007 and resolved to credit Rs. 60,86,234/-(Rupees Sixty lakhs eighty six thousand two hundred and thirty four only ) to the account of the Kerala Advocates’ Clerks Welfare Fund and Rs. 68,95,235/- (Rupees Sixty eight lakhs ninety five thousand and two hundred and thirty five only) to the account of the Kerala Advocates Welfare Fund

17. Necessary directions were issued to the Director of Treasuries to make use of seal with the word “Legal Benefit Fund”. In the letter F3/2984/98(1) dated 6/4/2006 the Director of Treasuries has informed that out of 225 seals issued by Law Department, 159 has already been given from July, 2005. Strict orders have made to comply the direction.

18. In order to make the collection towards the KLBF more effective a circular was issued (Circular No.17321/KLBF/05/Law dated, 16.7.2006) as per the instruction of the Chief Secretary to all the Tribunals and Appellate Authorities and the Heads of Department to obey the rule provisions strictly. Personal responsibility is imposed of the officers who fail to comply with the rule provision. In order to ensure the stipulation in the circular, inspection was also started vide G.O.(P)No.89/07/Law dated, 12.4.2007.

In the 15th meeting of the KLBF Trustee Committee held on 11.12.2006, it has been resolved to purchase litigant benches to all Court centres throughout the State as a part of providing efficient legal service for the people of the State. Accordingly the Registrar, Subordinate Judiciary was requested to forward the detailed list of Court centres where there is the dire need of litigant benches. As per the detailed list, orders were placed with Forest Industries Travancore Limited, Aluva for the purchase of 764 Litigant benches to be supplied at the rate of 2 per court throughout the State.

Official inauguration of the distribution of the litigant benches to various court centres throughout the State was made on 14.11.2007 at V.J.T.Hall by the Hon'ble Chief Minister of Kerala.

The plight of the litigant public were never attended to by anybody. The Legal Benefit Fund has made start in this areas by giving welfare to litigant public by introducing such a unique scheme.

Many welfare schemes like providing toilet and drinking water facilities to the litigant public in court centres and also to provide infrastructure facility to Advocates' Clerks were planned for the next year. More than 50 lakhs of rupees has been apportioned for the purpose.

GOVERNMENT OF KERALA
Law (KLBF) Department

NOTIFICATION
I
No.2263/KLBF//07/Law. Dated, Thiruvananthapuram, 23.8.2007.

S.R.O.No..737/2007.- WHEREAS, the Government of Kerala, as per notification issued under G.O(P)No.367/2001/Law dated the 18th May, 2001 and published as S.R.O. No.518/2001 in the Kerala Gazette Extraordinary No.720 dated the 18th May, 2001 have established the Kerala Legal Benefit Fund Trustee Committee under rule 4 of the Kerala Legal Benefit Fund Rules, 1991,consisting of the members mentioned therein;

                   AND WHEREAS, as per clause (g) in sub-rule (3) of rule 4,of the said Rules,as amended by the Kerala Legal Benefit Fund (Amendment) Rules,2004,issued as G.O(P)No.31/2005/Law dated 20th January,2005 and published as S.R.O.No.63/2005in the Kerala Gazette Extraordinary No.135 dated 20th Januray2005,the Director of Treasuries is also a member of the Kerala Legal Benefit Fund Trustee Committee;

                     Now THEREFORE, in exercise of the powers conferred by rule4 of the Kerala Legal Benefit Fund Rules,1991, the Government of Kerala hereby notify that the Director of Treasuries shall be a member of the Kerala Legal Benefit Fund Trustee Committee from 20th January ,2005 and consequently make the following amendment to the said notification.

AMENDMENT

          In the said notification,-

            (1) after serial number 7 and the entries against it, the following serial number and entries shall respectively be inserted, namely:-
                   "8. The Director of Treasuries. member"

By order of the Governor,

P.S.GOPINATHAN,
Law Secretary.

Explanatory Note

(This does not form part of the notification, but is intended to indicate its general purport.)

As per the Kerala Legal Benefit Fund (Amendment) Rules, 2004 issued under G.O. (P) 31/05/Law dated 20th January 2005 and published as S.R.O No.63/2005 in the Kerala Gazette Extraordinary No.135 dated 20th January 2005, the Director of Treasuries was also included as a member of the Kerala Legal Benefit Fund Trustee Committee. Government have decided to notify the Director of Treasuries as a member of the Kerala Legal Benefit Fund Trustee Committee from the date of commencement of the Kerala Legal Benefit Fund (Amendment) Rules, 2004 and to amend the said notification for the above purpose.

This notification is intended to achieve the above object.

NOTIFICATION

II

No.2263/KLBF/07/Law Dated, Thiruvananthapuram, 23.8.2007.

S.R.O.No..738/2007:- WHEREAS, the Government of Kerala, by notification issued under G.O(P)No.367/2001/Law dated the 18th May, 2001 and published as S.R.O. No.518/2001 in the Kerala Gazette Extraordinary No.720 dated the 18th May, 2001, have established the Kerala Legal Benefit Fund Trustee Committee under rule 4 of the Kerala Legal Benefit Fund Rules, 1991,consisting of the members mentioned therein;

AND WHEREAS, by virtue of sub-rule (4) of the said rule, Sri. K.B.Mohandas, Advocate, XVIII/450, Udaya, Civil Line Road, Thrissur, and Sri. M. Ramankutty, Advocate, Madathil House, Puthurkkara, Ayyanthole, Thrissur, the members nominated by the Bar Council of Kerala, and by virtue of sub-rule(5)of the said rule the Joint Registrar (Administration) High Court of Kerala, the member nominated by the High Court of Kerala have ceased to be members of the said Trustee Committee on 17th May 2005;

AND WHEREAS, the Bar Council of Kerala in its meetings held on 27th November,2005 resolved to nominate the above said Sri.K.B.Mohan Das and Sri. M.Ramankutty members of the Bar Council as members of the said Trustee Committee, for another term under clause (c) of sub-rule (3) of the said rule;

AND WHEREAS, the High Court of Kerala, vide its letter dated 13th February 2007 have nominated the Registrar (judicial) High court of Kerala as member of the said Trustee Committee, in the place of Joint Registrar (Administration) under clause (e) of sub-rule (3) of the said rule;

NOW, THEREFORE, in exercise of the powers conferred by rule 4 of the Kerala Legal Benefit Fund Rules, 1991, the Government of Kerala hereby make the following amendment to the said notification, namely:-

AMENDMENT

          In the said notification,-
          (1) for serial number 6 and the entries against it , the following serial number and entries shall respectively be substituted, namely:-
                   "6. The Registrar
                          (Judicial),                                              Member"
                          High Court of Kerala

By order of the Governor,

P.S.GOPINATHAN,

Law Secretary.

.

Explanatory Note

(This does not form part of the notification, but is intended to indicate its general purport.)

As per notification issued under G.O(P)No.367/01/Law dated 18th May 2001 and published as S.R.O No. 518/01 Government have established the Kerala Legal Benefit Fund Trustee Committee. Sri. K.B.Mohandas, Advocate, XVIII/450, Udaya,Civil Line Road, Thrissur, and Sri. M.Ramankutty, Advocate, Madathil House, Puthurkkara, Ayyanthole, Thrissur District, the members nominated by the Bar Council and the Joint Registrar (Administration)High Court of Kerala, the member nominated by the High Court of Kerala to the Trustee Committee under clause (c)and(e)of sub-rule(3) of rule 4 of the Kerala Legal Benefit Fund Rules, 1991 expired on 17.5.2005. The Bar Council has re nominated the said Sri. K.B.Mohan Das and Sri.M.Ramankutty as their nominees in the said Trustee committee for another term. The High Court has also nominated the Registrar (Judicial) High Court in the place of the Joint Registrar(Administration) High Court of Kerala. Government have decided to amend the said notification for the above purpose.

This notification is intended to achieve the above object.

GOVERNMENT OF KERALA

Law (KLBF) Department

NOTIFICATION

G.O.(Rt) No.408/08/Law. Dated, Thiruvananthapuram,15th April 2008.

S.R.O.No. /2008. - In exercise of the powers conferred by rule 4 of the Kerala Legal Benefit Fund Rules, 1991, the Government of Kerala hereby nominate Shri. P.P.Raghavan, Deepalayam, Advocate Clerk, Kangirangad P.O, Karimbam(via), Pin – 670142 and the Additional Law Secretary, Law (KLBF) Department, Government Secretariat, in the Kerala Legal Benefit Fund Trustee Committee constituted as per notification issued under G.O.(P) No. 367/2001/Law dated the 18th May, 2001 and published as S.R.O.No. 518/2001 in the Kerala Gazette Extraordinary No. 720 dated the 18th May, 2001 and consequently make the following amendment to the said notification, namely: -

AMENDMENT

          In the said notification,-

           (1) for serial number 5 and the entries against it, the following serial number and entries shall respectively be substituted, namely:-
         “ 5.     Shri . P.P.Raghavan, Deepalayam,
                    Advocate Clerk, Kangirangad P.O,
                    Karimbam (Via), Pin – 670142.                          Member ”

           (2) after serial number 8, the following serial number and entries shall respectively be inserted, namely:-
                “9. The Additional Law Secretary
                       Law (KLBF) Department,
                       Government Secretariat.                                       Member”

By order of the Governor,

P.S.GOPINATHAN,

Law Secretary.

Explanatory Note

(This does not form part of the notification, but is intended to indicate its general purport.)
Government have decided to nominate Sri P.P.Raghavan, Deepalayam, Advocate Clerk, Kangirangad P.O, Karimbam (Via), Pin – 670142 and the Additional Law Secretary, Law (KLBF) Department as members of the KLBF Trustee Committee constituted as per notification issued under G.O.(P) No. 367/2001/Law dated 18th May, 2001 and published as S.R.O.No. 518/2001 in the Kerala Gazette Extraordinary No. 720 dated 18th May, 2001.

This notification is intended to achieve the above object.